With Voting Results Certified, Election Chiefs Suggest Deadline Changes
Under the recount microscope, Broward County Supervisor of Elections Brenda Snipes resigned.
November 21, 2018 at 11:29 AM
6 minute read
After months of mudslinging, weeks of court wrangling and days of ballot counting that again landed Florida in an unwelcome national spotlight, a state panel matter-of-factly finalized the 2018 election results in a five-minute meeting.
The certification came on time, but problems with other election-related deadlines in two large, heavily Democratic counties — Broward and Palm Beach — are prompting county election supervisors and legislative leaders to ponder possible solutions to the state's ballot-box woes.
Palm Beach County Supervisor of Elections Susan Bucher blamed mechanical failures for missing deadlines for recounts ordered in statewide races. Broward County Supervisor Brenda Snipes, meanwhile, experienced myriad problems, including failing — by two minutes — to meet the deadline for a machine recount in Republican Gov. Rick Scott's U.S. Senate win against incumbent Democrat Bill Nelson.
Scott and other Republicans castigated Snipes and Bucher for their handling of the recount, accusing the election chiefs of incompetence and outright fraud. Snipes submitted her resignation to Scott.
But other election supervisors say this year's three statewide recounts — the first since Florida law was changed after the 2000 presidential recount — show the system generally worked well.
“Clearly, being the first test of the system for a statewide recount, there are some things that need to be tweaked,” Okaloosa County Supervisor of Elections Paul Lux, president of the Florida State Association of Supervisors of Elections, told The News Service of Florida in a telephone interview. “There's room for improvement, especially as it relates to the deadlines.”
Floridians cast more than 8.2 million ballots by mail, at early voting sites or on Election Day, according to the state Division of Elections website. Recounts also were required because of slim margins in the races for governor and agriculture commissioner.
The state Elections Canvassing Commission quickly certified the results of the elections two days after results of manual recounts were submitted in the Senate and agriculture commissioner races. The governor's race required a machine recount but did not go to a hand recount.
In 2000, Florida law did not require statewide recounts, meaning only some counties conducted recounts. Because they had different types of voting machines, counties used different recount methods. The law was changed in 2001, but the crafters never envisioned three statewide recounts at once, Lux said.
Recount deadlines are built around a mandate that legislators be seated two weeks after the general election and an early December deadline for the federal Electoral College to vote on presidential election results.
State lawmakers might consider pushing back the deadlines to give larger counties more time to tabulate absentee ballots and conduct recounts, Lux and several other elections supervisors suggested.
“The discussion has to be, did we see actual problems, or did we see problems that were perceived as problems based on a particular candidate or a particular campaign seeing something that was not going their way or that was perceived as not going their way,” Lux said. “There's a huge difference.”
The state also may want to revisit deadlines for mailed ballots, Lux said. Under current law, mail-in ballots must be received by 7 p.m. on Election Day. But overseas ballots postmarked by Election Day can be counted up to 10 days later. The mail-in ballot deadline was the subject of one of several lawsuits filed by Democrats after the Nov. 6 election. Other states allow up to 10 days after the election for mailed ballots to be counted.
Florida could consider allowing mailed ballots to be counted if they are postmarked by Election Day and received by elections offices within two days after the election, Orange County Supervisor of Elections Bill Cowles said. That's the same time allowed for voters who cast provisional ballots to provide documentation to elections offices.
“Our U.S. Postal Service is not what it used to be,” Cowles said. “I can't tell you the number of ballots that people put in the mail on Tuesday, thinking they're still going to count.”
And lawmakers may want to authorize the use of vote centers, Lux proposed. Mega-precincts could help eliminate the need for provisional ballots, which are given to voters who arrive in different precincts or whose identities or other information cannot be confirmed on Election Day. Critics say minority voters, younger and older voters are more likely to have their provisional ballots tossed.
“Imagine a world where everyone is using some version of a vote center instead of precinct-based voting on Election Day, and you could go to any one of them. You would never find yourself in the wrong precinct. Bam. You've just eliminated all of the provisional ballots that are voted by people for being in the wrong precinct,” Lux said.
Elections chiefs also cautioned against basing changes on hiccups this year.
“I'm concerned that the Legislature is going to jump on this and overreact. I think that, for the most part, the process worked the way it was supposed to. We're not supposed to have instant results. When you have a close race, we need to methodically review every ballot,” said Polk County Supervisor of Elections Lori Edwards, a former state representative.
Many of the supervisors lamented the state's 67 election chiefs are being viewed with the same contempt as the isolated areas with high-profile problems.
“Clearly there were issues in the counties that were reported, but I think we need to remember in totality we got it right,” said Pasco County Supervisor of Elections Brian Corley.
Edwards also said she wished politicians and the public would tone down the rhetoric after the polls close.
“I think the folks that were claiming fraud knew darn well, and had plenty of lawyers to explain to them the process, that an election takes a couple of days,” Edwards said. “I think they knew it. And I think it was a political strategy to try to condemn the process for their own political gains.”
Dara Kam reports for the News Service of Florida.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrump Media Accuses Purchaser Rep of Extortion, Harassment After Merger
4 minute readTrending Stories
- 1'Largest Retail Data Breach in History'? Hot Topic and Affiliated Brands Sued for Alleged Failure to Prevent Data Breach Linked to Snowflake Software
- 2Former President of New York State Bar, and the New York Bar Foundation, Dies As He Entered 70th Year as Attorney
- 3Legal Advocates in Uproar Upon Release of Footage Showing CO's Beat Black Inmate Before His Death
- 4Longtime Baker & Hostetler Partner, Former White House Counsel David Rivkin Dies at 68
- 5Court System Seeks Public Comment on E-Filing for Annual Report
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250